Massachusetts’ Question 3 Will Determine Whether or Not Transgender Protections Law Will Remain in Effect

Massachusetts voters have the opportunity to solidify legal protections for transgender individuals on Tuesday.

On the ballot is Question 3, which if passed by referendum would “add gender identity to the list of prohibited grounds for discrimination in places of public accommodation, resort, or amusement.” The measure, if affirmed, would uphold a law the Bay State legislature passed in 2016.

“A YES VOTE would keep in place the current law, which prohibits discrimination on the basis of gender identity in places of public accommodation,” writes Freedom for All Massachusetts, a non-profit group that promotes transgender equality. “NO VOTE would repeal this provision of the public accommodation law.”

Keep Massachusetts Safe has raised more than $442,000 to convince voters to repeal the law that provides protection to transgender people,” Boston University noted on Monday, “while the Freedom for All Massachusetts group has raised substantially more— nearly $5 million—to persuade voters to keep the law in place.”

You may see one of our volunteers at your T stop this morning! We won't stop talking to voters until the clock strikes 8PM—& every single ballot has been cast! #YesOn3#MApolipic.twitter.com/AhK1IeHvbW

“Places of public accommodation, resort, or amusement” means any place that grants access to and accepts patronage from the general public, “such as hotels, stores, restaurants, theaters, sports facilities, and hospitals,” may not discriminate based on gender identity, regardless of a person’s birth anatomy.

“‘Gender identity’ is defined as a person’s sincerely held gender-related identity, appearance, or behavior,” Freedom Massachusetts explains, “whether or not it is different from that traditionally associated with the person’s physiology or assigned sex at birth.”

If passed, Question 3 will require places of public congregation to grant access to gender-specific facilities, such as bathrooms, “consistent with a person’s gender identity.”

Support for Question 3 is strong among Massachusetts voters. As of the end of October, polling shows that two-thirds of voters plan to vote ‘Yes’ on 3.

Massachusetts Congressman Joe Kennedy (D), up for reelection, said Tuesday morning that voting ‘Yes’ on Question 3 represents “an opportunity to stand up against discrimination and bigotry.”

Massachusetts — today we have an opportunity to stand up against discrimination and bigotry. I’m voting #YesOn3 to uphold dignity and respect for our #transgender neighbors. I hope you’ll join me. https://t.co/CmhHeRcJt0

Democratic House candidate Ayanna Pressley tweeted on Monday the importance of working to “defend the rights and dignity of our transgender neighbors.”

I am proud to stand with @Freedom_Mass in their advocacy for #Yeson3. The work of hope, inclusion, justice, and equity is not magic, it’s work. And we need to continue to work until the polls close tomorrow to defend the rights and dignity of our transgender neighbors. pic.twitter.com/W0PbUljIFz